Browsing Faculty of Law by Title
Now showing items 522-541 of 902
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The new Zimbabwean government’s war on corruption: A lesson for anti-corruption and transitional justice scholars and practitioners?
(University of Western Cape, 2019)There is ample academic writing and practical examples extending the principles of transitional justice to corruption. However, very little has been written on how a society’s existing anti-corruption mechanisms may be ... -
NICRO diversion options
(National Institute for Crime Prevention and the Rehabilitation of Offenders, 2000)Since 1994 South Africa has faced many challenges but none so widely experienced as crime. The day-to-day perceptions of living in South Africa are characterised by crime, violence and uncertainty. The criminal justice ... -
Nigeria’s political, economic, and social dynamics in a pandemic era
(Palgrave Macmillan, 2023)This chapter examines the impact of Nigeria’s containment and mitigation strategies established at the outbreak of the pandemic in the country. The chapter asserts that government intervention reflected a holistic approach ... -
Non-discrimination in socio-economic rights : CESCR general comment
(ESR Review : Economic and Social Rights in South Africa, 2009)In May 2009, the United Nations (UN) Committee on Economic, Social and Cultural Rights (CESCR) adopted General Comment 20 (UN doc. E/C.12/GC/20[2009]) on non-discrimination in economic, social and cultural (ESC) rights. -
Non-implementation of court orders in socioeconomic rights litigation in South Africa Is the cancer here to stay?
(2008)Over 12 years have elapsed since the South African Constitution was adopted, and the jurisprudence on socio-economic rights has increased considerably. Yet a majority of the population remain entrapped in poverty. -
Normative intersectionality in married women’s property rights in Southern Nigeria
(2020)The fate of marriage gifts during a customary law divorce is significant for the interaction of legal orders in sub-Saharan Africa, especially in the context of scholars’ fixation with conflict of laws. In analysing this ... -
Normative intersectionality in married women’s property rights in southern Nigeria
(University of the Western Cape, 2020)The fate of marriage gifts during a customary law divorce is significant for the interaction of legal orders in sub-Saharan Africa, especially in the context of scholars' fixation with conflict of laws. In analysing this ... -
Not ‘work like any other’: Towards a framework for the reformulation of domestic workers’ rights
(Juta Law, 2011)Introduction: On 15 June 2010 the 99th session of the International Labour Conference (ILC) adopted proposals for a Convention, supplemented by a Recommendation, on decent work for domestic workers. From this has emanated ... -
Nowhere to hide- big brother is watching you: non-communicative personal cellphone information and the right to privacy.
(Nelson R Mandela School of Law, 2010)By utilising the latest cellphone technology, non-communicative personal information, such as, the number that is dialled, the time the call is made, the movement and location of both the caller and the recipient of a call, ... -
NPA Accountability, trust and public interest
(Dullah Omar Institute, 2019)This discussion document deals with three key concepts associated with the National Prosecuting Authority (NPA) and its relation to the public, namely accountability, public interest and trust. It is presented that for the ... -
The numbering of days: Sentencing and prison population growth
(Institute for Security Studies (ISS), 2007)On 30 May 2007 the Criminal Law Amendment Bill (15 of 2007) was tabled in Parliament, proposing amendments to what has become known as the 'minimum sentences' legislation. The proposed amendments herald another chapter in ... -
Of newborns and nubiles: some critical challenges to children's rights in Africa in the era of HIV/AIDS
(Brill Academic Publishers, 2005)The international legal framework within which HIV/Aids issues should be addressed Both the UN Convention on the Rights of the Child (1989) and the regional charter for the protection and promotion of children's rights, ... -
Offender rehabilitation and reintegration: taking the White Paper on Corrections forward
(Civil Society Prison Reform Initiative, 2005)Rehabilitation and reintegration, as contemplated on the scale articulated in the White Paper, will indeed require a very careful approach and consideration would have to be given to the major challenges, such as resource ... -
Oil on troubled waters? The slippery interface between the contract of employment and statutory labour law
(Juta Law, 2008)Introduction: Although in labour law the term ‘employment relationship’ means more than a contractual relationship, in the vast majority of cases the contract of employment serves as ‘port of entry’ to the employment ... -
Old age pension decision : out of sync with legal developments
(ESR Review : Economic and Social Rights in South Africa, 2010)On 17 March 2010, the North Gauteng High Court finally handed down judgment in the Christian Roberts case, which the Court had heard on 11 and 12 September 2007. It concerns a constitutional challenge to section 10 of the ... -
On amorphous terms, terrorism and a feeble judiciary: Analysing the dissenting judgment in Maseko v Prime Minister of Swaziland and Others (2016)
(UNISA Press, 2017)On 16 September 2016, the Swaziland High Court delivered judgment in the matter between Maseko and others v Prime Minister of Swaziland and others [2016] SZHC 180, in which it declared certain provisions of the Suppression ... -
On crime and punishment: Derrida reading Kant
(Springer Nature, 2019)This essay enquires into the implications for criminal law of Derrida’s analysis in the Death Penalty seminars. The seminars include a reading of Kant’s Metaphysics of Morals, specifcally Kant’s refections on the sovereign ... -
On equating ‘mays’ with ‘musts’: When can a discretionary power be interpreted as a mandatory one?
(Juta, 2021)In this article I investigate when the otherwise permissive term 'may' in an empowering provision can be interpreted as imposing a duty on the recipient of that power to act. In the first part, I examine our courts' ... -
“One moment of extreme irresponsibility”: notes and comments on Humphreys v S and the volitional component of dolus eventualis in the context of dangerous or irresponsible driving
(University of the Western Cape, 2013)The 2013 judgment of the Supreme Court of Appeal in Humphreys v The State has provided a measure of clarity as regards the application of the principles of dolus eventualis, particularly the volitional component thereof ... -
One step forward, two steps back: A review of Mushoriwa v City of Harare in view of Zimbabwe’s constitutional socio-economic rights
(African Human Rights Law Journal, 2021)In 2013 Zimbabwe enacted a new Constitution, introducing a raft of new changes, among them, the introduction of constitutional socio-economic rights. Not soon thereafter socio-economic rights were tested in the case of ...